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(영문) 춘천지방법원 영월지원 2017.02.14 2016고정100
명예훼손등
Text

Defendant

A shall be punished by a fine of KRW 700,000.

Defendant

If A does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant

A, on February 18, 2016, 19:30 on February 18, 2016, 100 people, including 10 village development members, in the Gangwon-gu Senior Community D Senior Citizens' Association D Senior Citizens' Association, are heard by 10 people, who are victims E, “whether it is possible to conduct a village audit.”

Does it would be said that the save, which is a crime having a previous record, will conduct a village audit.

“The reputation of the victim was damaged by openly pointing out facts by sound invasion.”

Summary of Evidence

1. The defendant A's partial statement

1. Each of the legal statements by witnesses E, F, G, and H [Article 310 of the Criminal Code is not punishable if the act under Article 307(1) of the Criminal Code is true and solely for the public interest.

"In order to not punish a person's act by publicly alleging a fact, it is related to the public interest when objectively viewed that the publicly alleged fact is objectively, and an actor is also required to indicate the fact for the public interest, and there is a reasonable ground to believe that the publicly alleged fact is true or at least the actor believed the fact to be true, and there is a reasonable ground to believe such fact. "The true fact" in this context means a fact that is consistent with the objective fact in light of the overall purport of the content, and it is nothing more than anything different from the truth or somewhat exaggerated expression in detail. "A" includes not only the interests of the State, society, and other general people, but also the interests and interests of a particular social group or its members. Whether the publicly alleged fact concerns a public interest may be damaged or damaged by considering all the circumstances related to the expression itself, such as the content and nature of the relevant fact, the scope of the other party to which the publication of the fact was made, the method of expression, etc., and the method of expression itself.

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